Malcolm Rivera
The right to travel is a constitutional right in the United States, though the specific amendment from which it originates is debated. The Supreme Court has long recognised the right to travel from one state to another under the Privileges and Immunities Clause, which states that the Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. The right to travel has also been connected to the Fourteenth Amendment, which addresses privileges and immunities, due process, and equal protection under the law. The Supreme Court has also dealt with the right to travel in cases such as Saenz v. Roe, Crandall v. Nevada, and Kent v. Dulles, where the Court held that the federal government may not restrict the right to travel without due process.
| Characteristics | Values |
|---|---|
| Basis in the Constitution | The right to travel is based on interpretations of several constitutional provisions, including Article IV and the Fourteenth Amendment's Privileges and Immunities Clause. |
| Supreme Court Recognition | The Supreme Court has long recognized the right to travel, with early mentions in cases like Crandall v. Nevada (1868) and Ward v. Maryland (1870). |
| Components | The right to travel has three components: the right to enter and leave states, the right to be treated as a welcome visitor, and the right for permanent residents to be treated equally to native-born citizens. |
| Passport Requirements | The government has occasionally required passports for citizens during periods of war or shortly after, such as during World War I and World War II. |
| Exceptions and Limitations | The right to travel is not absolute and may be restricted for national security reasons or to regulate immoral activities, as seen in Kent v. Dulles (1958) and the Mann Act (1910) cases. |
| Durational Residency | Laws that distinguish between citizens based on their length of residency in a state are evaluated under the Fourteenth Amendment's Privileges or Immunities Clause, as seen in Dunn v. Blumstein. |
| Commerce Clause | The Commerce Clause is another potential textual basis for the right to travel, as mentioned in the Guest case (1966). |
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What You'll Learn
The right to enter and leave states
- The right to enter one state and leave another: This is considered an inherent right, with historical support from the Articles of Confederation, which mentioned the right of 'free ingress and regress to and from' neighbouring states. The Supreme Court has upheld this right in multiple cases, including Crandall v. Nevada (1868), where it declared that freedom of movement is a fundamental right, and Saenz v. Roe (1999), where Justice John Paul Stevens affirmed the constitutional protection of this right.
- The right to be treated as a welcome visitor: This right protects individuals from being treated as hostile strangers when visiting another state. It is protected by the "Privileges and Immunities" clause in Article IV, § 2 of the Constitution, which states that citizens of each state are entitled to the privileges and immunities of citizens in other states. This clause has been interpreted to mean that state governments must treat all American citizens equally, regardless of their residency status.
- The right to equal treatment upon becoming a permanent resident: This right guarantees that individuals who establish citizenship in a new state should be treated the same as native-born citizens. It is protected by the Fourteenth Amendment's Privileges or Immunities Clause, which provides for equal protection under the law. This right has been invoked in challenges to durational residency requirements that restrict access to certain benefits based on the length of residency.
The Supreme Court has long recognised the right to travel as a fundamental aspect of the "united" nature of the United States. While there have been controversies and challenges to this right, such as national security concerns and residency requirements, the Court has consistently upheld the freedom of movement as a protected constitutional right.
In conclusion, the right to enter and leave states is a fundamental freedom guaranteed by the United States Constitution. It is protected by various provisions, including the Articles of Confederation, the Privileges and Immunities Clause, and the Fourteenth Amendment, ensuring that citizens can move freely between states and be treated equally regardless of their residency status.
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The right to be treated as a welcome visitor
The right to travel is a fundamental aspect of Anglo-American law, with origins in historical documents like the Magna Carta. While the right to travel is not explicitly stated in the U.S. Constitution, it has been interpreted and upheld by the Supreme Court through various landmark cases. The Supreme Court views the right to travel as essential to the "united" aspect of the United States.
The right to travel encompasses the right to be treated as a welcome visitor in another state. This aspect of the right to travel is protected by the "Privileges and Immunities" clause in Article IV, § 2 of the Constitution. This clause states that ""The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States", meaning state governments must treat all American citizens equally, regardless of whether they are visitors or residents.
The Supreme Court has long recognized the right to be treated as a welcome visitor when travelling between states. In the 1870 case of Ward v. Maryland, the Court stated that the Privileges and Immunities Clause "secures and protects the right of a citizen of one State to pass into any other State of the Union". Similarly, in Paul v. Virginia (1868), the Court defined freedom of movement as "the right of free ingress into other States, and egress from them".
In Saenz v. Roe (1999), the Court invalidated a section of federal law that authorized states to pay new arrivals benefits based on the amount they received in their previous state. The Court emphasized that the right to travel includes the right to be treated equally in a new state of residence, and that discriminatory classifications based on prior residence are not tolerated under the Fourteenth Amendment.
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Equal treatment for permanent residents
The right to travel in the United States is protected by the Constitution and has been the subject of several Supreme Court cases. While the specific amendment guaranteeing this right is not explicitly stated, the Supreme Court has interpreted various provisions to protect it, including the Fourteenth Amendment, which guarantees due process, equal protection under the law, and privileges and immunities for all persons.
In the context of equal treatment for permanent residents, the Fourteenth Amendment plays a crucial role. Permanent legal residents in the United States are protected by the laws of the country and all local jurisdictions. They have the right to permanently live and work in the country and are entitled to the same constitutional rights as citizens, including due process and equal protection under the law. This means that permanent residents cannot be denied their fundamental rights based on their residency status.
One example of this equal treatment is seen in the case of Dunn v. Blumstein, where the Supreme Court struck down a California law that limited welfare benefits for citizens who had recently moved to the state. The Court found that the durational residency requirement violated the Privileges and Immunities Clause of the Fourteenth Amendment, which guarantees equal treatment regardless of how long someone has lived in a state.
Additionally, the Fourteenth Amendment, through its extension by the Fifth Amendment, grants the right of equal protection under the laws of the United States to all foreign nationals within its boundaries. This means that even those who are not permanent residents but are legally present in the country are entitled to certain rights and protections.
It is important to note that while distinctions between citizens and non-citizens are not inherently unconstitutional, any differences in treatment based on alienage must be strictly scrutinized, as ruled by the Supreme Court in Graham v. Richardson (1971). This means that there must be a compelling state interest to justify any unequal treatment.
In conclusion, the Fourteenth Amendment ensures that permanent residents in the United States are entitled to equal treatment under the law, including the right to travel and be treated as welcome visitors in any state. This amendment protects their rights to live and work, and receive various benefits and protections guaranteed by the Constitution.
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The right to free movement
The right to travel, or freedom of movement, is a fundamental right in the United States, protected by the Constitution and interpreted by the Supreme Court. While the specific constitutional basis of this right has been debated, it is generally understood to be rooted in the Privileges and Immunities Clause, the Commerce Clause, and the Fourteenth Amendment.
The Privileges and Immunities Clause, found in Article IV, Section 2, of the Constitution, states that "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." This clause guarantees that state governments must treat all American citizens equally, regardless of whether they are visitors or residents. The Supreme Court has interpreted this clause to include the right to free ingress and egress between states, or "free ingress and regress," as explicitly mentioned in the Articles of Confederation.
The Commerce Clause, which gives Congress the power to regulate interstate commerce, has also been cited as a potential basis for the right to travel. In the case of Edwards v. California, the Court suggested that the Commerce Clause could be interpreted to include the right to travel across state lines.
The Fourteenth Amendment, which addresses privileges and immunities, due process, and equal protection under the law, has been invoked in several cases related to the right to travel. In Saenz v. Roe (1999), Justice John Paul Stevens outlined three aspects of the right to travel protected by the Constitution:
- The right to enter one state and leave another, inherent in the Articles of Confederation.
- The right to be treated as a welcome visitor, protected by the Privileges and Immunities Clause in Article IV, Section 2.
- The right for permanent residents of a state to be treated equally to native-born citizens, protected by the Fourteenth Amendment's Privileges or Immunities Clause.
In addition to these legal protections, the Supreme Court has also struck down state laws that infringe on the right to travel. In Crandall v. Nevada (1868), the Court declared that freedom of movement is a fundamental right, and therefore a state cannot inhibit people from leaving by taxing them. In Dunn v. Blumstein, the Court found that durational residency requirements that denied newcomers the right to vote were unconstitutional.
While the specific constitutional basis of the right to travel has been debated, the Supreme Court has consistently affirmed its existence and importance. This right is a fundamental aspect of the "united" nature of the United States, ensuring that citizens are free to move between states and are treated equally regardless of their state of residence.
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The right to interstate travel
The right of 'free ingress and regress to and from' neighbouring states is considered essential to the "united" aspect of the United States. This right is mentioned in the Articles of Confederation, indicating that it was likely conceived as a necessary aspect of a stronger, unified nation.
Article IV of the U.S. Constitution states: "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States...". This means state governments must treat all American citizens equally, regardless of whether they are visitors or residents.
The Fourteenth Amendment also addresses privileges and immunities, guaranteeing due process and equal protection under the law. The Privileges and Immunities Clause of the Fourteenth Amendment protects the right of citizens who move to a new state to be treated equally to native-born citizens.
The Supreme Court has dealt with the right to travel in several cases, including Saenz v. Roe (1999), where Justice John Paul Stevens held that the U.S. Constitution protected three aspects of the right to travel among the states:
- The right to enter one state and leave another.
- The right to be treated as a welcome visitor, protected by the "Privileges and Immunities" clause in Article IV, § 2.
- The right for permanent residents of a state to be treated equally to native-born citizens, protected by the Fourteenth Amendment's Privileges or Immunities Clause.
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Frequently asked questions
The right to travel is the right to move freely across state lines within a nation.
The US Constitution does not explicitly mention the right to travel. However, the Supreme Court has interpreted several constitutional provisions to protect this right, including the Privileges and Immunities Clause of the Fourteenth Amendment, which states that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States".
The Supreme Court has consistently upheld the right to travel in cases such as Crandall v. Nevada (1868), where it declared that freedom of movement is a fundamental right, and Saenz v. Roe (1999), where it held that the Constitution protects three separate aspects of the right to travel: the right to enter and leave states, the right to be treated as a welcome visitor, and the right for permanent residents to be treated equally.
